08/17/2016 AgreementAMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
IAONROE COUNTY, FLORIDA
DATE: October 13, 2016
TO: Roman Gastesi
County Administrator
ATTN. Lindsey Ballard
Executive Aide
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller U _
At the August 17, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Items:
04 Ratification of one small contract, Jacobs Project Management Co. For $49,100.00, signed By
The County Administrator.
07 Ratification of two (2) small contracts, Agreement with Archaeological and Historical
Conservancy, Inc and the Amendment 1 to the Agreement with Archaeological and Historical
Conservancy, Inc signed by the County Administrator.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions,
please feel free to contact my office.
County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
AGREEMENT FOR
CONSULTING SERVICES
for
The Monroe County Cultural Resource Assessment Update
This Agreement ("Agreement") made and entered into this 06 day of J;knL4.Pr ,
201(Q by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns,
hereinafter referred to as "COUNTY," through the Monroe County Board of County
Commissioners ("BOCC"),
AND
Archaeological & Historical Conservancy, Inc. a Corporation of the State of Florida, whose
address is 4800 SW 64th Avenue., Suite 107, Davie, FL 33314 its successors and assigns,
hereinafter referred to as "CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY has entered into a Historic Preservation Grant Award Agreement
Certified Local Government Grant No. F1503 with the State of Florida, Department of State,
Division of Historical Resources; and
WHEREAS, CONSULTANT has agreed to provide professional services which shall
include but not be limited to, a cultural resource assessment update of unincorporated Monroe
County, which services shall collectively be referred to as the "Project"; and
WHEREAS, COUNTY at its December 9, 2015 Board of County Commission meeting
approved the award of this contract and authorized the County Administrator to execute an
agreement to perform said Project;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions
under which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and associated costs and shall be in conformity and comply with all applicable
law, codes and regulations. The CONSULTANT warrants that the documents prepared
as a part of this Agreement will be adequate and sufficient to document costs in a manner
that is acceptable for reimbursement by government agencies, therefore eliminating any
additional cost due to missing or incorrect information;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances,
rules and regulations pertaining to, or regulating the provisions of such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle
the Board to terminate this contract immediately upon delivery of written notice of
termination to the CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County Commissioners for
Monroe County. No statement contained in this agreement shall be construed so as to
find the CONSULTANT or any of his/her employees, contractors, servants, or agents to
be employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job
related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under this
agreement.
ARTICLE II
SCOPE OF CONSULTANT'S BASIC SERVICE
2.1 DEFINITION
2.1.1 CONSULTANT'S Basic Services consist of those described in Paragraphs 2.2 through
2.6, and other services identified as part of Basic Services, and include normal consulting services
to complete a cultural resource assessment update for unincorporated Monroe County. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed must
contain a description of the services to be performed, and the time within which services must be
performed.
2.1.2 Project schedule is as follows:
After Authorization
Phase I — Data Collection and Review
Phase II — Draft Publication
Phase III — Final Product
Note: Activities listed above may occur concurrently.
The Project must be completed no later than June 30, 2016. Time is of the essence in
this regard.
2.2 DATA COLLECTION AND REVIEW
2.2.1
Re -survey and update Florida Master Site Forms for archaeological sites previously
recorded by Robert Carr in 1988; and to re -survey and update Florida Master Structure
Forms for previously recorded historical structures and to record any historical structures
which were overlooked or that have become more than 50 years old since the previous
structure survey of unincorporated Monroe County/Florida Keys completed by GAI
Consultants in 2003.
The survey and final project report must comply with the requirements of the County's
grant agreement with the State of Florida Department of State, Division of Historical
Resources (Attached hereto and incorporated by reference as Attachment A).
2.3 DRAFT PUBLICATION
2.3.1 Included shall be monthly updates. The due date of the draft report is April 30, 2016;
CONSULTANT must deliver a draft report to the COUNTY and the State on or before that
date.
2.4 FINAL PRODUCT
2.4.1 The final product will be the completed Florida Master Site and Structure Forms including
the required photographs and maps. A final project report will be prepared describing the
survey results.The format should be downloadable as a PDF document and in a size that
is easily able to be printed off a computer or photocopied, and bound for hardcopy
distribution. The final product must comply with the terms of the COUNTY'S agreement
with the State of Florida, and be delivered to the COUNTY and the State on or before June
30, 2016.
2.6 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
2.5.1 The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its
subconsultants, or both.
2.7 WRITTEN NOTICE
Any notices sent by the parties shall be deemed to have been duly served if delivered in
person to the individuals and addresses listed below, or if delivered or sent by first class
mail, certified, return receipt, or by courier with proof of delivery.
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. The correspondence shall be directed to:
Ms. Laura deloach-Hartle
Sr. Administrator of Grants and Special Projects
1100 Simonton Street, Room 2-213
Key West, Florida 33040
And: Mr. Roman Gastesi
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
Notice to the CONSULTANT shall be delivered to:
4800 SW 64th Avenue, Suite 107
Davie, FL 33314
ARTICLE III
ADDITONAL SERVICE
3.1 The services described in this Article III are not included in Basic Services. They shall
be paid for by the COUNTY as an addition to the compensation paid for the Basic
Services but only if approved by the COUNTY before commencement, and are as
follows:
A. Providing services of CONSULTANT for other than the previously listed consulting
scope of the Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting practice.
B. Providing representation before public bodies in connection with the Project, upon
approval by COUNTY, except for the presentation to the BOCC noted in Section 2.5.1.
3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue
a letter requesting and describing the requested services to the CONSULTANT. The
CONSULTANT shall respond with a fee proposal to perform the requested services.
Only after receiving an amendment to the Agreement and a notice to proceed from the
COUNTY, shall the CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project
including objectives, schedule, constraints and criteria.
4.2 The COUNTY shall designate a representative to act on the COUNTY'S behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to documents submitted by the CONSULTANT in order to avoid
unreasonable delay in the orderly and sequential progress of the CONSULTANT'S
services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to paragraph 2.8.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents
are generally consistent with the COUNTY'S criteria, as, and if, modified. No review of
such documents shall relieve the CONSULTANT of responsibility for the accuracy,
adequacy, fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the
work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY,
its commissioners, officers, employees, agents and servants from any and all claims for bodily
injury, including death, personal injury, and property damage, including damage to property
owned by Monroe County, and any other losses, damages, and expenses of any kind, including
attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of
services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s)
in any tier, their officers, employees, servants and agents.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Architect/Engineer/Consultant's failure to purchase or maintain
the required insurance, the CONSULTANT shall indemnify COUNTY from any and all
increased expenses resulting from such delay. Should any claims be asserted against
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by
the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the
County harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claim or action on the COUNTY'S behalf.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those functions as indicated:
NAME FUNCTION
Robert S. Carr Project Director/Archaeologist
Matthias Dwyer Archaeologist
Alan Noe Archaeologist
Tim Harrington Archaeologist Historian
Jane Day Archaeologist Historian
John Beriault Historian
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement as follows: Forty-four Thousand Six Hundred and Eighty
Dollars and No Cents ($44,680.00).
7.2 PAYMENTS
7.2.1 For its assumption and performance of the duties, obligations, and responsibilities set
forth herein, the CONSULTANT shall be paid upon delivery of the final product,
contingent upon approval of the draft and final product by COUNTY and the State of
Florida Division of Historical Resources.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either
upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit a proper invoice to COUNTY requesting payment for
services properly rendered and reimbursable expenses due hereunder. The
CONSULTANT'S invoice shall describe with reasonable particularity the service
rendered. The CONSULTANT'S invoice shall be accompanied by such
documentation or data in support of expenses for which payment is sought at the
COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest
of the project outside of the basic scope of work:
a. Expense of transportation submitted by CONSULTANT, in writing, and
living expenses in connection with travel authorized by the COUNTY, in writing,
but only to the extent and in the amounts authorized by Section 112.061, Florida
Statutes;
b. Reproductions as requested only by the COUNTY.
C. Postage and handling of reports;
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each
fiscal year (October 1 - September 30) by COUNTY'S Board of County Commissioners.
The budgeted amount may only be modified by an affirmative act of the COUNTY'S
Board of County Commissioners.
7.4.2 The COUNTY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval
of the Board members at the time of contract initiation and its duration.
ARTICLE VI11
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of
VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an
endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of
said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY
and shall be in a form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $100,000.00 bodily injury per Accident,
$500,000.00 bodily injury by disease, policy limits, and $100,000.00 injury by disease
each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims
for injuries to members of the public and/or damages to property of others arising
from use of motor vehicles, including onsite and offsite operations, and owned, hired
or non -owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000
Property Damage or $100,000 combined single limit.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations, Products
and Completed Operations, Independent Contractors; Broad Form Property Damage
and a Blanket Contractual Liability Endorsement with $300,000.00 per person,
$500,000.00 per occurrence, and $200,000.00 property damage or $500,000
Combined Single Limit.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Professional liability insurance of $300,000.00 per occurrence and $500,000.00
annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall
maintain coverage or purchase a "tail" to cover claims made after completion of the
project to cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at least to
the limits prescribed above, and to any increased limits of CONSULTANT if so
required by COUNTY during the term of this Agreement. COUNTY will not pay for
increased limits of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured.
The COUNTY reserves the right to require a certified copy of such policies upon
request.
I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance
will be required. In addition, the CONSULTANT may be required to submit updated
financial statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
Any copyright for publications or other materials prepared by the CONSULTANT for this
Project shall be held by the Florida Department of State, Division of Historical
Resources. CONSULTANT may arrange for copyright of such materials only after
approval from the Department of State. Any copyright arranged for by the
CONSULTANT shall include acknowledgment of grant assistance. CONSULTANT
agrees to, and awards to the Department of State and, if applicable, the Federal
Government, and to its officers, agents, and employees acting within the scope of their
official duties, a royalty -free, nonexclusive, and irrevocable license throughout the world
for official purposes, to publish, translate, reproduce, and use all subject data or
copyrightable material based on such data covered by the copyright.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and the CONSULTANT, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the provisions of this agreement.
Subject to the provisions of the immediately preceding sentence, each party hereto
binds itself, its successors, assigns and legal representatives to the other and to the
successors, assigns and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
9.5 TERMINATION
A. The COUNTY may terminate this agreement in accordance with the terms of
Attachment C, Section 3.1 of the Historic Preservation Grant Award Agreement
between the State of Florida and COUNTY, attached hereto.
B. The CONSULTANT may terminate this agreement in accordance with the terms of
Attachment C, Section 3.2 of the Historic Preservation Grant Award Agreement
between the State of Florida and COUNTY, attached hereto
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals, any addenda, the Form of
Agreement (Articles I -IX), the CONSULTANT'S response to the RFP, the documents
referred to in the Form of Agreement as a part of this Agreement, and the Historic
Preservation Grant Award Agreement (Attachment A), and modifications made after
execution by written amendment. In the event of any conflict between any of the
Contract documents, the one imposing the greater burden on the CONSULTANT will
control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from COUNTY'S
competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has
not been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether CONUSULTANT has been
placed on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from
the termination of this agreement. COUNTY, CONSULTANT, and the State of Florida
Department of State Division of Historical Resources or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for four
years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running
from the date the monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree
that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate
court or before the appropriate administrative body. This agreement shall not be subject
to arbitration. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
CONSULTANT agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non -prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, COUNTY
and CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY
shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have
the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.
Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply with all
public records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and
conditions that Monroe County would provide the records and at a cost that does
not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise
provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon
termination of this Agreement and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to Monroe County in a format
that is compatible with the information technology systems of Monroe County.
The County shall have the right to unilaterally cancel this Agreement upon
violation of this provision by Contractor.
9.22 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
9.25 NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the CONSULTANT and
the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as
the execution of a truth in negotiation certificate stating that wage rates and other factual
unit costs supporting the compensation pursuant to the Agreement are accurate,
complete, and current at the time of contracting. The original contract price and any
additions thereto shall be adjusted to exclude any significant sums by which the agency
determines the contract price was increased due to inaccurate, incomplete, or
concurrent wage rates and other factual unit costs. All such adjustments must be made
within one year following the end of the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Roman Gastesi, County dministrator
(Seal)
Attest:
BY:
Title:
CONSUL NT
By:
Title: cx cc'w,-1 V&
END OF AGREEMENT
Client#: 1251706
ARCHAHISI
ACOR& CERTIFICATE OF LIABILITY INSURANCE
FFM 12312015
luzatzols
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(hts) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain pollcies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endom ment(s).
PRODUCER
USI Insurance Services
2045 14th Ave
Vero Beach,Fl.32960
CONTACT
NAW: Nancy Naughton
7T2-d69-28T0 No ; 772-562-3466
E'��. nancy.naughton®usi.biz
INSURER(S) AFFORDING COVERAGE
N4UCe
INSURER A, Essex Insurance Company
39020
INSURED
4800 Archaeological a Historical Conservancy
64 Avenue, Suite 107
Davit,
aviF FL 33314
INsuNR 9 = Brldgefield Employers Insurance
10701
INsuRER c. Evanston Insurance Company
35378
INsuRER o. Hartford Underwriters Insurance
30104
INSURER E:
INSURER F;
I UwmIS "i n ": wIIFIUA I!- N11MHP". WC Ialnu NIIYQCQ.
THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTA
TYPE
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POLICY NUMBER
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UMITS
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cam MERCIAL09NEPALLIABILITY
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3DW7695
4/29/2015
0412912016
EACH OCCURRENCE
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$100 000
MED EXP jAny o11e panne)
$5 000
PERSONAL aADVINJURY
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GEN1. AGGREGATE LIMIT APPLIES PER;
PRO -
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OTHER.
GENERAL AGGREGATE
s2,000,000
PRODUCTS - COMPlOP AGG
$
$
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AUTOMOBILELIASUITY
ANY AUTO
ALL OWSCHEDULED
AUTOS NED AUTOS
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09/101201
Ea1W�I�Nn019iNGLELIMIr
1,000000
BODILY INJURY (Pw Inman)
S
BODILY INJURY (Par wrident)
S
DAMAGE
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3
UMBRELLA LIAR
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$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNEWEcECUTIVE YIN
OFFICERIMEMSER EXCLUDED? F7
(Mly andabIn NH)
Ues, dowribe undw
SCRIPTiON OF OPERATIONS below
N f A
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83049693
21051201E
12/05/201
PER OTH•
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E.L. EACH ACCIDENT
S1000000
EL. OtSEASE- EA EMPLOYEE
$1,000 000
E.L. DISEASE - POLICY LIMB
11 000 000
C
Professional
E0861391
010112015
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1,000,000
DESCRIPTION OF OPERATIONS) LOCATIONS I VEHICLES (ACORD 101, Additional Romuks Schod/b, may be atptdwd If mom apece Is requited}
This certificate Is Issued for operations of the insured usual to Archaeological Services
Monroe County,Attn:Dlans E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL 13E DELIVERED IN
Silvia ACCORDANCE WITH THE POLICY PROVISIONS.
510 Greene Street
Key West, FL 33040 AUTHORIZED REPRESENTATIVE
01998-2014 ACORD CORPORATION. All rights reserved
ACORD 25 (2014101) 1 Of 1 The ACORD name and logo are registered marks of ACORD
a VS16935347/M16799063 NLNEX
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 4-841
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule. (This agreement applies only
to the extent that you perform work under a written contract that requires you to obtain this agreement from
us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
• Blanket Waiver of Subrogation Applies •
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
Date Prepared: October 9, 2015
Carrier: Bridgefield Employers Insurance Company
Effective Date of Endorsement: December 5, 2015
Policy Number; 830-49693 Countersigned by;
C
Insured: Archaeological and Historical Conservancy Inc
WC 00 03 13 (Ed. 4.841
'Includes copyright material of the National Council on Compensation Insurance. Inc. used with its perrttission. Copyright 1994 NCCI'
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3DW7695
MAWr ESSEX INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABtLITY COVERAGE FORM
PRODUCTSICOMPLETED OPERATIONS COVERAGE FORM
LIQUOR LIABILITY COVERAGE FORM
PROFESSIONAL LIABILITY COVERAGE FORM
Please refer to each coverage form to determine which terms are defined. Words shown in quotations on
this endorsement may or may not be defined in all coverage forms.
SCHEDULE
Person or Entity: Any person or organization to whom you are obligated by valid written contract to provide
such coverage.
Additional Premium: S 94 i
(Check box if fully earnedi)
WHO IS AN INSURED is amended to include the person or entity shown in the Schedule above as an Additional Insured
under this insurance. but only as respects negligent acts or omissions of the Named Insured and only as respects any
coverage not othemse excluded in the policy. Our agreement to accept an Additional Insured provision in a contract is
not an acceptance of any other provisions of the contract or the contract in total.
When coverage does not apply for the Named Insured; no coverage or defense shall be afforded to the Additional In-
sured.
No coverage shall be afforded to the Additional Insured for injury or damage of any type to any "employee" of the Named
Insured or to any obligation of the Additional Insured to indemnify another because of damages arising out of such injury
or damage.
All other terms and conditions remain unchanged.
MEGL 0009-01 04 11 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1
with its permission.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER. 3DW7695
ESSEX INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This endorsement modifes insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Additional Premium: $ 47j
Name of Person or Organization: Any person(s) or organization(s) to whom the Named
Insured agrees to waive rights of recovery in a written
contract
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following
We waive any right of recovery we may have against the person or organization shown in the Schedule above
as respects written contracts that exist between you and such person or entity, provided you have agreed in
writing to furnish this waiver, This waiver applies only to the person or organization shown in the Schedule
above_
All other terms and conditions remain unchanged,
MEGL 0241-01 04 11 Includes copyrighted material of Insurance Services Office, Inc, with Page 1 of 1
its permission.
8
COMMERCIAL GENERAL LIABILITY
CG20010413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY --
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following -
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance: and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured
CG 20 0104 13 C Insurance Services Office. Inc„ 2012
Page 1 of 1
Attachment A
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
MONROE COUNTY
F1503
This Agreement is by and between the State of Florida, Department of State, Division of Historical
Resources hereinafter referred to as the "Division," and the Monroe County Government
hereinafter referred to as the "Grantee."
The Grantee has been awarded a Historic Preservation Small -Matching Grant (CSFA 45.031) by
the Division, grant number F 1503 for the project "Monroe County Cultural Resource Assessment
Update," in the amount of $39,100. The Division enters into this Agreement pursuant to Line Item
Number 3088, contained in the 2015 — 2016 General Appropriations Act, SB 2500-A, Lams af'
Florida. Funding for this grant is provided by the annual 1istoric Preservation Fund Grant (CFDA
15.904) awarded to the Division by the Department of the Interior, National Park Service. The
Division has the authority to administer this grant in accordance with Section 267.0617, Florida
Statutes.
In consideration of the mutual covenants and promises contained herein, the parties agree as
follows:
1. Grant Purpose. This grant shall be used exclusively for the "Monroe County Cultural
Resource Assessment Update," the public purpose for which these funds were
appropriated.
a) The Grantee shall perform the following Scope of Work:
The survey project includes a re -survey and update of previously recorded archaeological
sites and historic structures in unincorporated Monroe County/Florida Keys. This entails a
review of resources already recorded in the Florida Master Site File (FMSF), a review of
sites and structures not currently listed in the FMSF, the creation of a survey report, to be
presented to the Monroe County Board of County Commissioners for adoption. All tasks
associated with the project, as outlined in the Project Description (See Attachment A), will
be completed by June 30, 2016.
b) The Grantee agrees to provide the following Deliverables and Performance Measures
related to the Scope of Work for payments to be awarded.
Payment 1, Deliverable/Task 1:
■ Payment 1 will be cost reimbursement. Provide at least ten (10) Florida Master Site
Fife (FMSF) forms, including photographs and maps, and I sample FN14SF survey log
sheet. Provide FMSF forms and survey log in hard copy and electronic formats.
Payment 2, Del iverable/ Task 2:
Payment 2 will be cost reimbursement. Provide a hard copy of the draft survey report,
including all sample FMSF forms, photographs, and maps. Survey trust conform to
Chapter lA-46 F,lorida Administrative Code.
Grant Amaird Agreement (Form C}AM0I ), EMetm:4-201 S
Chapter IA-39.QUI /•lorrda,tcGtanrstiurneCoie
Payment 3, Deliverable/ Task 3:
■ Payment 3 will be cost reimbursement. Provide two (2) copies of the Final survey
report, including FIVISF forms, photographs, and maps to the Division as final products.
At least one copy of the report and all associated documents must be submitted as hard
copy. At least one copy of the FMSF forms and documentation must be submitted as
digital documents on Compact Disc -Recordable (CD-R) or similar device. Survey must
conform to Chapter 1A-46 Flor-icla rtdrninistralive Code. Provide minutes from the
presentation on findings.
c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures
projected to accomplish the Grantee's Scope of Work and Deliverables for fiscal year 2016.
The Budget provides details of how grant funds will be spent (which is incorporated as part
of this Agreement and entitled Attachment B). All expenditures for this agreement shall be
in accordance with this budget (Attachment B).
2. Length of Agreement. This Agreement shall begin on July 1, 2015, and shall end June 30,
2016, unless terminated in accordance with the provisions of Section 32 of this Agreement.
Contract extensions will not be granted unless Grantee is able to provide substantial written
justification and the Division approves such extension. The Grantee's written request for such
extension must be submitted to the D ivision no later than thirty (30) days prior to the termination
date of this Agreement.
3. Contract Administration. The parties are legally bound by the requirements of this
Agreement. Each patty's contract manager, named below, will be responsible for monitoring
its performance under this Agreement, and will be the official contact for each party. Any
notice(s) or other communications in regard to this agreement shall be directed to or delivered
to the other party's contract manager by utilizing the information below. Any change in the
contact information below should be submitted in writing to the contract manager within lQ
days of the change.
For the Division of Historical Resources:
Yasha Rodriguez, Historic Preservation Grants Specialist
Florida Department of State
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399
Phone: 850.245.6333
Email: yasha.rodriguez(a7dos.myfloricla.com
For the Grantee:
Contact: Diane E. Silvia
Address: 510 Greene Street. Key West. Florida 33040
Phone: 305.304.1453
Email: hfkRc7vbellsouth.net
4. Grant Payments. All grant payments are requested by submitting a Grants Funds Expenditure
Log. The total grant award shall not exceed $39.100 which shall be paid by the Division in
(lnwl Award Atueentent ( Ponn GA A001). El7ectivc 4-2015
Chapter I A-39 001. r•lvnda ada11114y1hathe COde
consideration for the Grantee's minimum performance as set forth by the terms and conditions
of this Agreement. The grant payment schedule is outlined below:
a) The first payment will be cost reimbursement. Payment will be made in accordance with
the completion or Deliverable I and approval of the Grant Funds Expenditure Log.
b) The second payment will be cost reimbursement. Payment will be ntade in accordance with
tine completion of Deliverable 2 and approval of the Grant Funds Expenditure Log.
c) The third payment will be cost reimbursement. Payment will be made in accordance with
the completion of Deliverable 3 and approval of the final Grant Funds Expenditure Log.
5. Electronic i'ayments. The Grantee can choose to use electronic funds transfer (EFT) to
receive grant payments. All grantees wishing to receive their award through electronic funds
transfer must submit a Direct Deposit Authorization form to the Florida Department of
Financial Services, If EFT has already been set up for the organization, the Grantee does not
need to submit another authorization form unless the organization has changed bank accounts.
To download this form visit h1lP:flyv- %y—n11•floridacf6.cont/Oiyi on/AA/*FarmSI17FS-Ai-
2 E.Wf. `l'.his page also includes tools and information that allow you to check payment status.
6. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity
that receives a payment from the State of Florida that may be subject to 1099 reporting. The
Department of Financial Services (DFS) must have the correct Taxpayer Identification Number
(TIN) and other related information in order to report accurate tax information to the Internal
Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit
httam:/.i�s��v.fhertdt>r.mvtioridact�t.cott�/. A copy of the Grantee's Florida Substitute Form
W-9 must be submitted to the Division with the executed Agreement.
7. Amendment to Contract. Either party may request modification of the provisions of this
Agreement by Filing a Contract Amendment Request form with the Division. Changes which
are agreed upon shall be valid only when in writing, signed by each of the parties, and attached
to the original of this Agreement. If changes are implemented without the Division's written
approval, the organization is subject to noncompliance, and the grant award is subject to
reduction, partial, or complete refund to the State of Florida and termination of this agreement.
The Contract Amendment Request form is available on the Division's website at
hiJm:/!�ti w w.dos.lm l3rrrida.com/Itislarical!rcu�i�! It�rms.
8. Financial Consequences. The Department shall apply the following financial consequences
for failure to perform the minimum level of services required .by this Agreement in accordance
with Sections 215.971 and 287.058, P-Ioritla Statutes,
a) First payment will be withheld for failure to submit a Grant funds Expenditure Log
supporting the satisfactory completion of services as identified in the approved Scope of
Work and Deliverable I.
b) Second payment will be withheld for failure to submit a Grant Funds Expenditure Log
supporting the satisfactory completion of services as identified in the approved Scope of
Work and Deliverable 2.
Grant Award Agreement 1 Farm GAAUO 0. Uffitchyc d-241 S
Chapter to-39001 l-lntTda.dd»ttnfs7ratireCode
c) Third payment will be withheld for failure to submit a final Grant Funds Expenditure Log
supporting the satisfactory completion of services as identified in the approved Scope of
Work and Deliverable 3.
The Division shall reduce total grant funding For the Project in direct proportion to match
contributions not met by the end of the Grant Period. This reduction shall be calculated by
dividing the actual match amount by the required match amount indicated in the Agreement
and multiplying the product by the grant award amount indicated in the Agreement. Pursuant
to Section 17, Grantee shall refund to the Division any excess funds paid out prior to a
reduction of total grant funding.
9. Additional Special Conditions.
a) The Grantee shall submit survey and planning projects, including specifications, to the
Department for review and approval prior to the execution of any contracts.
b) For historical structure and archaeological survey projects. the Grantee shall follow the
historic structure and archaeological survey guidelines as outlined in the documents found
online at w►vw nherita esi coin/erints/categories/smallmatehirts.crm.
10. Credit Line(s) to Acknowledge Grant Funding.
a) Certified Local Government projects shall include an acknowledgment of National Park
Service support in connection with the publication or dissemination of any printed, audio-
visual, or electronic material based on, or developed under, any activity supported by
Historic Preservation Fund grant funds. This acknowledgment shall be in the forin of the
following statement:
The activity that is the subject of this [tune of publications has been financed [in
part/entirely] with Federal rands from the National Park Service, U.S. Department
of the Interior. However, the contents and opinions do not necessarily reflect the
views or policies of the Department of the Interior, nor does the mention of trade
names or commercial products constitute endorsement or recommendation by the
Department of the Interior. (Note that only relevant portions of the required
statement need to be applied, and should be used as appropriate depending on the
content of the publication; e.g., if there are no commercial products, then that part
of the statement can be omitted.)
b) Nondiscrimination Statement. Publications and audio-visual materials must also include
the followinb nondiscrimination statement:
1. This program receives Federal financial assistance for identification and protection
ofhistoric properties. Under Title VI of the Civil Rights Act of 1964. Section 504
of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as
amended, the U.S. Department of the Interior prohibits discrimination on the basis
of race, color. national origin, disability, or age in its federally assisted programs.
Grant Awnci AP
rce:mcnt (Famt C AMN11). I`MxUve 4-2015
Cimpier IA•3900) Fic,ricln,ldnrnurrrurreE Code
if you believe you have been discriminated against in any program, activity, or
facility as described above, or if you desire further information, please write to:
Office of Equal Opportunity
National Park Sen, ice
1849 C Street, N.W.
Washington, D.C. 20240
11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the
Scope of Work by September 30, 2015. All grant funds must be encumbered under the terms
of a binding contractual agreement by November 30, 2015, except as allowed below.
a) Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be
extended by written approval of the Division. To be eligible for this extension, the Grantee
must demonstrate to the Division that full encumbrance of grant funding and the required
match by binding contract(s) is achievable by the end of the requested extended
encumbrance period. The Grantee's written request for extension of the encumbrance
deadline must be submitted to the Department no later than fifteen (15) days prior to the
encumbrance deadline indicated above. The maximum extension of the encumbrance
period shall be thirty (30) days.
b) Encumbrance Deadline Exception: For projects not involving contract services the Grantee
and the Department shall consult on a case -by -case basis to develop an acceptable
encumbrance schedule.
12. Grant Reporting Requirements. The Grantee must submit the following reports to the
Division. The project Progress Report shall document the completion of any deliverables/
tasks, expenses and activities that occurred during that reporting; period. The project Progress
Report form is available on the Division's website at
littp://dos.myflorida.com/histot-ical/�ratits/fomis.
a) first Project Progress Report is due by October 31, 2015, for the period ending
September 30, 2015.
b) Second project Progress Report is due by January 31, 2016, for the period ending
December 31, 2015.
c) Third Project Progress Report is due by April 30, 2016, for the period ending Nlarch 31,
2016
d) Final Report. The Grantee must submit a Final Report to the Division by July 30, 2016,
for the period ending June 30, 2016.
13. Matching Funds. The grantee is required to provide a 100% match_ Of the required match, a
minimum 25% of the match must be a cash match. The remaining match may include in -kind
services, volunteer labor, donated materials, and additional cash. Applicants for projects located
in Rural Economic Development initiative (REDf) counties or communities that have been
designated in accordance with Sections 288.0656 and 288.06561, Florida 5'talcrtes, may request
3
Gnrnt Award Agrecincid { Dorm GAAOU I), fffitcbN a a-2o 1
Chapter I A•39.001. Florida ddAINIsnwate Cork
a waiver for the match amount. Additionally, Certified Local Government (C LG) projects, Main
Street Start -Up Projects and Special Statewide Solicitation Projects do not require a match.
14. Grant Completion Deadline. The grant completion deadline is June 30, 2016. The Grant
Completion Deadline is the date when all grant and matching funds have been paid out and
expended in accordance with the work described in the Scope of Work, detailed in the
Estimated Project Budget. If the Grantee finds it necessary to request an extension of the Grant
Completion Deadline, the extension may not exceed thirty (30) days, unless the Grantee can
demonstrate extenuating circumstances as described in Section 15 of this Agreement.
15. Extension of the Grant Completion Deadline. An extension of the completion date must be
requested at least thirty (30) days prior to the end of the grant period and may not exceed thirty
(30) days, unless the Grantee can clearly demonstrate extenuating circumstances. An
extenuating circumstance is one that is beyond the control of the Grantee, and one that prevents
timely completion of the project such as a natural disaster, death or serious illness of the
individual responsible for the completion of the project, litigation related to the project, or
failure of the contractor or architect to provide the services For which they were contracted to
provide. An extenuating circumstance does not include failure to read or understand the
administrative requirements of a grant or failure to raise sufficient matching funds. Prior
written approval is required for extensions.
16. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received
under this agreement solely for the purposes for which they were authorized and appropriated.
Expenditures shall be in compliance with the state guidelines For allowable project costs as
outlined in the Department of Financial Services' Reference Guide for State Expenditures,
which are incorporated by reference and are available online at
http:/I�v� ��.mvfloriclacfo.txxn:`aadir/reference c,uide/. in addition, the following are not
al lowed as grant or matching expenditures:
a) Expenditures for work not included in the Scope of Work;
b) Costs of goods and services not procured in accordance with procurement procedures set
forth in the Agreement;
c) Expenses incurred or obligated prior to or after the grant period;
d) Expenditures for work not consistent with the applicable preservation standards (see the
Guidelines, which are available from tine Division at
http://www.dos.myfforida.com/historical/grants/);
e) Expenditures for furniture and equipment, unless specifically authorized as a part of a grant
project;
0 Expenses associated with lobbying or attempting to influence federal, state, or local
legislation, the judicial branch, or any state agency;
(7) Private entertainment, food, beverages, plaques. awards, or gifts;
h) Indirect costs;
i) Project Administrative Expenditures, whether grant expenditures or match contributions,
which in aggregate exceed 10% of the grant award amount;
j) Costs for projects having as their primary purpose the fulfillment of federal or state historic
preservation regulatory requirements, specifically, costs of consultation and mitigation
measures required under Section 106 of the Nalional Historic Pl-eser wlion Act of 1966, as
amended through 2006, or tinder Section 267.031, F.S.;
Grant Atirnrd Agreement f Form GAA001). Effi:ctnc 4-201 S
Chapter IA-"(101. Ctkl
k) Projects which are restricted to private or exclusive participation, which shall include
restricting access on the basis of sex, race, color, religion, national origin, disability, age,
handicap, or marital status;
1) Grantee operational support (i.e., organization salaries, travel, supplies) (Note: project -
specific travel costs shall be allowed ifrequested in the application, included in the Project
Budget and clearly demonstrated by the applicant to be essential to completion of the
proposed project);
m) Vehicular circulation and parking (Exception: provision of code -required handicapped
parking pad);
n) Sidewalks, landscape features, planting, irrigation systems and site lighting (Exception:
sidewalk required to link code -required handicapped parking pad to the accessible entry,
planting required to halt erosion, and €invited site lighting required for security, if included
in the Scope of Work);
o) Capital improvements to non -historic properties (except as approved for Museum Exhibit
projects);
p) Capital improvements to the interior of religious properties (Exception: repairs to primary
elements of the structural system. Examples include: foundation repairs, repairs to
columns, load bearing wall framing, roof framing, masonry repairs, and window and
exterior door repairs);
q) Code -required accessibility improvements for religious properties;
r) Insurance costs (Exception: costs for builder's risk, workers compensation and contractor's
liability insurance); and
s) Purchase of equipment (other than equipment incorporated as capital improvements into a
historic building during. restoration or rehabilitation, and equipment required for a museum
exhibit). If special equipment is required for completion of the Project and said equipment
is included in the Scope of Work for the Project as an eligible grant expense, it shall be
rented for the grant term. If the value of special equipment is to be used as a match
contribution, the value of the match contribution shall be limited to the cost of rental for
the grant period at the market rate for such rental in the region.
17. Unobligated and Unearned Funds and Allowable Costs, In accordance with Section 215.971,
Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated
funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the
amount to which the recipient is entitled under the terms and conditions of the agreement must
be refunded to the state agency. Further, the recipient may expend funds only for allowable
costs resulting front obligations incurred during the specified agreement period. Expenditures
of state financial assistance must be in compliance with the laws, rules, and regulations
applicable to expenditures of State funds, including, but not limited to, the Reference Guide
for State Expenditures.
18. Repayment. All refunds or repayments to be made to the Department under this agreement are
to be made payable to the order of the "Department of State" and mailed directly to the
following address: Florida Department of State. Attention: Grant Gelhardt, Division of
Historical Resources, 500 South Bronough Street Tallahassee, FL 32399. In accordance with
Section 215.34(2), Florida Statutes, i Fa check or other draft is returned to the Department for
collection. Grantee shall pay to the Department a service fee of $15.00 or rive percent (5%) of
the face amount of the returned check or draft, whichever is greater.
Grant Award Agr"mk-ut (Farm GAAUU t ). F1Cccticc 4-201 >
Chapter ) A-34.001 Florida adnurrrsrrr,tn•e ('ode
19, Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an
audit pursuant to Section 21597, Florida Statutes. See Attachment C for additional
information regarding this requirement.
20. Retention of Accounting Records. Financial records, supporting documents, statistical
records, and all other records including electronic storage media pertinent to the Project shall
be retained for a period of five (5) years after the close out of the grant. If any litigation or
audit is initiated, or claim made, before the expiration of the five-year period, the records shall
be retained until the litigation, audit, or claim has been resolved.
21. Obligation to Provide State Access to Grant Records, The Grantee must matte all grant
records of expenditures, copies of reports, books, and related documentation available to the
Division or a duty authorized representative of the State of Florida for inspection at reasonable
times for the purpose of making audits, examinations, excerpts, and transcripts.
Obligation to Provide Public Access to Grant Records. The Division reserves the right to
unilaterally cancel this Agreement in the event that the Grantee refuses public access to all
documents or other materials trade or received by the Grantee that are subject to the provisions
of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must
immediately contact the Division's Contract Manager for assistance if it receives a public
records request related to this Agreement.
22. Investment of Funds Received But Not Paid Out, The Grantee may temporarily invest any
or all grant funds received but not expended, in an interest bearing account pursuant to Section
216.181(16)(b), Florida Statutes. Interest earned on such investments should be returned to
the Division quarterly, except that interest accrued less than $100 within any quarter may be
held until the next quarter when the accrued interest totals more than $100. At] interest accrued
and not paid to the Division, regardless of amount, must be submitted with the Grantee's final
Progress Report at the end of the Grant Period.
23. ]Noncompliance with Grant Requirements, Any applicant that has not submitted required
reports or satisfied other administrative requirements for other Division of Historical
Resources grants or grants from any other Office of Cultural, Historical, and information
Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants
Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the
Division of Historical Resources, and the Division of Library and Information Services. Grant
compliance issues roust be resolved before a grant award agreement may be executed, and
before grant payments for any OCi-IlP grant may be released.
24. Accounting Requirements. The Grantee must maintain an accounting system that provides
a complete record of the use of all grant funds as follows:
a) The accounting systern must be able to speci#ically identify and provide audit trails that
trace the receipt, maintenance, and expenditure of state funds;
b) Accounting records must adequately identify the sources and application of funds for all
grant activities and must classify and identify grant funds by using the same budget
categories that were approved in the grant application. if Grantee's accounting system
Gnuit Award Arrcemcnt (Donn GAA0U 1), ENctive d-2015
Chapter 1 A-39.00 1. Florntu , tdrundsi Ove Code
accumulates data in a different format than the one in the grant application, subsidiary
records must document and reconcile the amounts shown in the Grantee's accounting
records to those amounts reported to the Division.
c) An interest -bearing checking account or accounts in a state or federally chartered
institution may be used for revenues and expenses described in the Scope of Work and
detailed in the Estimated Project Budget.
d) The name of the account(s) must include the grant award number;
e) The Grantee's accounting records must have effective control over and accountability for
all funds, property, and other assets; and
f) Accounting records must be supported by source documentation and be in sufficient detail
to allow for a proper pre -audit and post -audit (such as invoices, bills, and canceled checks).
25. Availability of State Funds. The State of Florida's performance and obligation to pay under
this Agreement are contingent upon an annual appropriation by the Florida Legislature, or tite
United States Congress in the case of a federally funded grant. In the event that the state or
federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be
autornatically terminated and the Division shall have no further liability to the Grantee, beyond
those amounts already released prior to the termination date. Such termination will not affect
the responsibility of' tile Grantee under this Agreement as to those funds previously distributed.
In the event of a state revenue shortfall, the total grant may be reduced accordingly.
26. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees -that
its officers, agents and employees, in performance of this Agreement, shall act in the capacity
of independent contractors and not as officers, agents, or employees of the state. Tile Grantee
is not entitled to accrue any benefits of state employment, including retirement benefits and
any other rights or privileges connected with employment by the State of Florida.
27, Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all
expenses incurred in connection with this Agreement. The Grantee may subcontract, as
necessary, to perform the services and to provide commodities. required by this Agreement.
The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred
under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s)
for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the
necessary steps to ensure that each of its subcontractors will be deemed to be "independent
contractors" and wilt not be considered or permitted to be an agents, servants, joint ventures,
or partners of the Division.
28. Liability. The Division will not assume any liability for the acts, omissions to act, or
negligence of,. the Grantee, its agents, servants, or employees; nor may the Grantee exclude
liability for its own acts, omissions to act, or negligence, to the Division.
a) The Grantee shall be responsible for claims of any nature, including but not limited to
injury, death, and property damage arising out of activities related to this Agreement by
the Grantee, its agents, servants, employees, and subcontractors. The Grantee, other than
9
Grant Award Agreement ( Form GAAOO I). F.f cenve d•2tf l a"
C.haf�ter 1 �-Jc1 t1O1 F(orirfaAcfunr+rcrrotne Code
a Grantee which is the State or the State's agencies or subdivisions, as defined in Section
768.28, Florida ,Statutes, shall indemnify and hold the Division harmless from any and all
claims of any nature and shall investigate all such claims at its own expense. If the Grantee
is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance
with that Section.
b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign
immunity, or increases the limits of its liability, by entering into this Agreement.
c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or
cost of collection related to this Agreement.
d) The Grantee shall be responsible for all work performed and all expenses incurred in
connection with the project. The Grantee may subcontract as necessary to perform the
services set forth in this Agreement, including entering into subcontracts with vendors for
services and commodities; and provided that it is understood by the Grantee that the
Division shall not be liable to the subcontractor for any expenses or liabilities incurred
under the subcontract and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
29. Strict Compliance with Laws. The Grantee shalt perform all acts required by this Agreement
in strict conformity with all applicable laws and regulations of the local, state and federal law.
30. No Discrimination. The Grantee may not discriminate against any employee employed under
this Agreement, or against any applicant for employment because of race, color, religion,
gender, national origin, age, handicap or marital status. The Grantee shall insert a similar
provision in all of its subcontracts for services under this Agreement.
31. Breach of Agreement. The Division will demand the return of grant funds already received,
will withhold subsequent payments, and/or will terminate this agreement if the Grantee
improperly expends and manages grant funds, fails to prepare, preserve or surrender records
required by this Agreement, or otherwise violates this Agreement.
32. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee
fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a
notice of its violation by letter, and shall give the Grantee fifteen (15) calendar days from the
date of receipt to cure its violation. If the violation is not cured within the stated period, the
Division will terminate this Agreement. The notice of violation letter shall be delivered to the
Grantee's Contract Manager, personally, or mailed to his/her specified address by a method
that provides proof of receipt. In the event that the Division terminates this Agreement, the
Grantee wi 11 be compensated for any work completed in accordance with this Agreement, prior
to the notification of tennination, if the Division deems this reasonable under the
circumstances. Grant funds previously advanced and not expended on work completed in
accordance with this Agreement shall be returned to the Division, with interest, within thirty
(30) days after termination of this Agreement. The Division does not waive any of its rights
to additional damages, if grant funds are returned under this Section.
10
Grant A%%-jrd A rcement (form OAA00I ), Effective 4-2415
CGapter iA-39 N I J onda Admioustrartrs trole
Termination for convenience. The Division or the Grantee may terminate the grant in whole
or in part when both parties agree that the continuation of the Project would not produce
beneficial results commensurate with the further expenditure of funds. The two parties will
agree upon the termination conditions, including the effective date, and in the cause of partial
terminations, the portion to be terminated.
Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to
the first payment on the grant although the Department must be notified in writing prior to
cancellation. After the initial payment, the project may be terminated, modified, or amended
by the Grantee only by mutual agreement of the Grantee and the Division. Request for
termination prior to completion must frilly detail the reasons for the action and the proposed
disposition of the uncompleted work.
33. Preservation of Remedies, No delay or omission to exercise any right, power, or remedy
accruing to either party upon breach or violation by either party under this Agreement, shall
impair any such right, power or remedy of either party; nor shalt such delay or omission be
construed as a waiver of any such breach or default, or any similar breach or default.
34. Nan -Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise
transfer its rights, ditties or obligations under this Agreement without the prior written consent
of the Division, which consent shall not unreasonably be withheld. The agreement transferee
must demonstrate compliance with the requirements of the project. If the Division approves a
transfer of the Grantee's obligations, the Grantee shall remain liable for ail work performed
and all expenses incurred in connection with this Agreement. in the event the Legislature
transfers the rights, duties, and obligations of the Division to another governmental. entity
pursuant to Section 20.06, Florida �31alutes, or otherwise, the rights, duties, and obligations
under this Agreement shall be transferred to the successor governmental agency as if it was
the original party to this Agreement.
35. Required Procurement Procedures for Obtaining. Goods and Services. The Grantee shall
provide maximum open competition when procuring; goods and services related to the grant -
assisted project in accordance with Section 287.057, Florida Statutes.
36. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of
conflicts of interest described in Sections 112.311 through 112.326, Florida .Statutes, and
affirms that it will not enter into or maintain a business or other relationship with any employee
of the Department of State that would violate those provisions. In addition, no grantee official,
employee, or consultant who is authorized in his or her official capacity to negotiate, make,
accept, approve, or tape part in decisions regarding a contract, subcontract, or other agreement
in connection with a grant assisted project shall take part in any decision relating to such
contract, subcontract or other agreement in which lie or she has any financial or other interest,
or in which his or her spouse, child, parent, or partner, or any organization in which he or she
is serving as an officer, director, trustee, partner, or employee of which lie or she has or is
negotiating any arrangement concerning employment has such interest. Grantees shall avoid
circumstances presenting the appearance of such conflict. furthermore, the spouse, child,
parent, or partner of an officer, director, trustee, partner, or employee of the grantee shall not
receive grant funds, unless specifically authorized in writing by the General Counsel for the
Department of State to avoid a potential violation of those statutes.
it
Grnnt ANvwd Agreement(Volni GAA00t), taleclive4-2013
Chapter IAv9.Ut)I Ronda tldaii:uswarrreiode
37. Binding of Successors. This Agreement shall bind the successors, assigns and legal
representatives of the Grantee and of any legal entity that succeeds to the obligations of the
Division of 1-1istorical Resources.
38. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the
Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act.
If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for
unilateral cancellation of this Agreement.
39. Severability. if any term or provision of the Agreement is found to be illegal and
unenforceable, the remainder will remain in full force and effect, and such term or provision
shall be deemed stricken.
40. Americans with Disabilities Act. All programs and facilities related to this Agreement must
meet the standards of Sections 553.501-553.513, Florida Statutes, and the Americans with
Disabilities Act of 1990.
41. Governing Law. This Agreement shall be construed, performed, and enforced in all respects
in accordance with the laws and rules of Florida. Venue or location for any legal action arising
under this Agreement will be in Leon County, Florida.
42. Entire Agreement. The entire Agreement of the parties consists of the following documents:
a) This Agreement
b) Project Description (Attachment A)
c) Estimated Project Budget (Attachment B)
d) Single Audit Act Requirements and Exhibit 1(Attachment Q
12
Grant A+tinni Agreement (form GAAU01). Lt7ecitw 4-3U15
Chapter]A-39.001.I7orrda;ttf�+u+rishw(ireC<rfe
In acknowledgment of Grant Number F1503 provided from funds appropriated in the FY
2016 General Appropriation Act in the amount of $39,100,1 hereby certify that 1 have read
this entire Agreement, and will comply with all of its requirements.
Depa of St. Grantee:
By: By,
Ro ndus, Division Director Authorizing Official for the Grantee*
uate
Typed name and title
Witness
Date
*If the authorizing official signing above on behalf of the grantee organization is not the chief
executive officer or equivalent, then another authorized official must sign below.
On behalf of the governing body of the Grantee organization, I hereby acknowledge awareness of,
ee to comply with all of requirements of this Grant Agreement.
VDanny L Kolhaae/Mayor
Si ature Typed name and title
9/16/2015
Date
wain 1alld q _ 'AV
)NEW 'Ml1Wra1HAviv {.WR
GrantAward Agnvment ( Fenn GAA00I ), Effective -1-2015
Chapter 1 A-39 001, 1-lortdu Admtnisrranve Code
13
ATTACHMENT A
Project Description
The scope of work entails the re -survey and update of previously recorded archaeological sites
and historic structures in unincorporated Monroe County/Florida Keys. The unincorporated area
of Monroe County/Florida Keys entails the large area of the Everglades west of Dade County,
and approximately 39 small areas, found mostly along the archipelago.
According to the Florida Master Site File, 471 archaeological sites and 5,105 historic structures
are listed in Monroe County/Florida Keys. The applicant estimates to record approximately 300
new resources and update approximately 335 resources.
]a
(nanl Award Aµrenmenl (Form 6AA000. Wectivr4-2015
ChapterlA-3e001 Flnrulu.idunres�rarnec'a+le
ATTACHMENT B
Estimated Project Budget
Budget
Qescription
Grant
Cash
In-
Total
Item
Funds
Match
Kind
Number
Match
l
Cultural Resource Management
$39,100
$0
$0
$39, l00
Consultant to complete survey
2
Grant administration and
$0
$0
$2,000
$2,000
oversight
TOTAL
$39,100
$0
$2,000
$41,100
15
Grni A��ard Agtccmati (form GAAOUI ). HI%otive 9-201 a
Chcptcr I A-39.001 Flondrr cade
ATTACHMENT C
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMENTS
The administration of resources awarded by the Department of State to the Grantee may be
subject to audits and/or monitoring by the Department of State as described in this Addendum
to the Grant Award Agreement.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CPR, Part 200, Subpart F --
Audit Requirements, and Section 215.97, Floriclu Strcltrles, monitoring procedures may
include, but not be limited to, on -site visits by Department of State staff, limited scope audits
as defined by 2 CFR §200.328, and/or other procedures. By entering into this agreement, the
recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Department of State. In the, event the Department of State determines that
a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department of State staff to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor
General.
AUDITS
PART I: FEDERALLY )FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization
that has received federal funds awarded through the Department of State. EXHIBIT 1 to this
attachment indicates whether federal resources have been awarded through the Department of
State by this agreement.
2 CFR §200.501 Audit Requirements
(a) Audit required A non -Federal entity that 'expends $750.000 or more during the non -Federal
entity's fiscal year in Federal awards must have a single or program -specific audit conducted for
that year in accordance with the provisions of this part.
(b) Single rnlcfit. A non -Federal entity that expends $750,000 or more during the non-Federat
entity's fiscal year in Federal awards must have a single audit conducted in accordance with 2 CFR
§200,514 Scope of audit except when it elects to have a program -specific audit conducted in
accordance with paragraph (c) of this section.
(c) Program -specific audit election. When an auditee expends Federal awards under only one
Federal program (excluding R&D) and the Federal program's statutes, regulations. or the terms
and conditions of the Federal award do not require a financial statement audit of the auditee, the
16
Grant Award Agreement (Donn Cl&,N00I ), Cliectnc 4-2ti i i
Chapter IA-39001 F7nrrdrr;lrltturtislrurlreC'ate
auditee may elect to have a program -specific audit conducted in accordance with 2 CFR §200.507
Program -specific audits. A program -specific audit may not be elected for R&D unless all of the
Federal awards expended were received from the same Federal agency, or the same Federal agency
and the same pass -through entity, and that Federal agency, or pass -through entity in the case of a
subrecipient, approves in advance a program -specific audit.
(d) Exemption when Iecleral awards expended are less than S750,000. A non -Federal entity that
expends less than $750,000 during the non -Federal entity's fiscal year in Federal awards is exempt
from Federal audit requirements for that year, except as noted in 2 CFR §200.503 Relation to other
audit requirements, but records must be available for review or audit by appropriate officials of
the Federal agency, pass -through entity. and Government Accountability Office (GAO).
(e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee
that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of
this part.
(f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient,
and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit
under this part. The payments received for goods or services provided as a contractor are not
Federal awards. Section §200.330 Subrecipient and contractor determinations should be
considered in determining whether payments constitute a Federal award or a payment for goods or
services provided as a contractor.
(g) Compliance responsibility far contractors. In most cases, the auditee's compliance
responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods
and services comply with Federal statutes, regulations, and the terms and conditions of Federal
awards. Federal award compliance requirements normally do not pass through to contractors.
However, the auditee is responsible for ensuring compliance for procurement transactions which
are structured such that the contractor is responsible for program compliance or the contractor's
records must be reviewed to determine program compliance. Also, when these procurement
transactions relate to a major program, the scope of the audit must include determining whether
these transactions are in compliance with Federal statutes, regulations, and the terms and
conditions of Federal awards.
(h) For profit subrecipieni. Since this part does not apply to for -profit subrecipients, the pass -
through entity is responsible for establishing requirements, as necessary, to ensure compliance by
for -profit subrecipients. The agreement with the for -profit subrecipient should describe applicable
compliance requirements and the for -profit subrecipienCs compliance responsibility. Methods to
ensure compliance for Federal awards made to for -profit subrecipients may include pre -award
audits, monitoring during the agreement, and post -award audits. See also §200.331 Requirements
for pass -through entities.
The Internet web address listed below will assist recipients in locating documents referenced
in the text of this agreement and the interpretation of compliance issues.
U.S. Government Printing Office
www.eefr.gov
17
Gram Award Agrecntent (form GAAUU! ). Uffiecuva 4-2015
Chapter to-39001 FlrxulaAchnntrsaQiiret'odc
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1),
Florida .Statutes and has received state funds awarded by the Department of State. EXHIBIT
1 to this attachment indicates whether state resources have been awarded by the Department
of State by this agreement.
Section 215.97 Florida Statutes Single Audit Requirements
I. In the event that the recipient expends a total amount of state financial assistance equal to or
in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single
or project -specific audit for such fiscal year in accordance with Section 215.97, Florida
Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial
Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state
financial assistance awarded through the Department of State by this agreement. in
determining the state financial assistance expended in its fiscal year, the recipient shall consider
all sources of state financial assistance, including state financial assistance received from the
Department of State, other state agencies, and other nonstate entities. State financial assistance
does not include Federal direct or pass -through awards and resources received by a nonstate
entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part 11, paragTaph 1, the recipient shall
ensure that the audit complies with the requirements of Section 215.97(7), Florida
Stalartes. This includes submission of a financial reporting package as defined by Section
215.97(2)(d), Florida .Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General.
if the recipient expends less than $500,000 in state financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. In the event that the recipient expends less than $500,000 in state financial assistance
in its fiscal year and elects to have an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's
resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained
from other than State entities).
The Internet web addresses listed below will assist recipients in locating documents referenced
in the text of this agreement and the interpretation of compliance issues.
State of Florida Department Financial Services (Chief Financial Officer)
www.fldfs.com/
State of Florida Legislature (Statutes. Legislation relating to the Florida Single Audit Act)
www.lea.state.fl.us/
Is
Grata Award Agrecment (Fortn GAA00I ), Ef(eefive 4-2Gt 5
Chapter IA-39.Ui}1 Honda. 411"irrrst"adve('04e
PART III: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR §200.512, and
required by PART 1 of this agreement shall be submitted, when required by 2 CFR §200.512,
by or on behalf of the recipient directly to each of the following:
A. The Department of State at the following address:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399-0250
B. The Federal Audit Clearinghouse electronically at haivester.census.gov/sac/ as designated
in 2 CFR §200.512
C. Other Federal agencies and pass -through entities in accordance with 2 CFR §200.513
2. In the event that a copy of the reporting package for an audit required by PART I of this
agreement and conducted in accordance 2 CFR §200.501 Audit Requirements, is not required
to be submitted to the Department of State for the reasons pursuant to 2 CFR §200.501, the
recipient shall submit the required written notification pursuant to 2 CFR §200.501 (d) and a
copy of the recipient's audited schedule of expenditures of Federal awards directly to the
following:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 1 14A
500 South Bronough St.
Tallahassee, FL 32399-0250
Copies of financial reporting packages required by PART I of this agreement shall be
submitted by or on behalf of the recipient direct] to the following:
A. The Department of State at the following address:
Off ice of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399-0250
19
Chant Award Agrconcnt i Form GAAU@ I), J: ih:tn e 4-2615
Chapter IA-39.W1. Honda. I41611411-allivt'041e
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
t 11 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted to the
Department of State pursuant to this agreement shal l be submitted timely in accordance with
2 CFR, Part 200, Subpart F--Audit Requirements, Section 215.97, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and far -profit
organizations), Mules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Department of State for
audits done in accordance with 2 CFR, Part 200, Subpart F or Chapters 10.550 (local
,governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules ofthe Auditor
General, should indicate the date that the reporting package was delivered to the recipient in
correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of
this agreement for a period of live years from the date the audit report is issued, and shall
allow the Department of State, or its designee, Chief Financial Officer, or Auditor General
access to such records upon request. The recipient shall ensure that audit wording papers
are made available to the Department of State, or its designee, Chief Financial Officer, or
Auditor General upon request for a period of three years from the date the audit report is
issued, unless extended in writing by the Department of State.
20
("imn( ARArd Agrcrawnt (form GAA00I). [ifFvctive4-2015
Chaptcr 1 A-39.001. 1701 tdn . I rlurlu±.rtrarrre C: ude
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
$39,100
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
As contained in 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not Applicable.
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
Florida Department of State Grant, CSFA Number 15.904
Award Amount: Not applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO TI IIS AGREEMENT ARE AS FOLLOWS:
Not applicable.
21
Grant A% an( A,,recmcnt (Fonn C'! AA00I ), Effective 4-2015
Chapter 1A-39,001. Hartkp Ad.-t aarsiratire Code
State of Florida
Chief Financial Officer
Department of Financial Services
Bureau of Accounting
200 East Gaines Street
Tallahassee, FL 32399-0354
Telephone: (850) 413-5519 Fax:(850) 413-5550
Substitute Form W-9
In order to comply with Internal Revenue Service (IRS) regulations, we require Taxpayer Identification information
that will be used to determine whether you will receive a Form 1099 for payment(s) made to you by an agency of the
State of Florida, and whether payments are subject to Federal withholding. The information provided below must
match the information that you provide to the IRS for income tax reporting. Federal law requires the State of Florida
to take backup withholding from certain future payments if you fail to provide the information requested.
Taxpayer Identification Number (FEIN): 59-6000749
IRS Name: MONROE COUNTY BOARD OF COUNTY COMMISSION
Address: PO BOX 1980
KEY WEST, FL
33041-0000
Attention Of: FINANCE DEPARTMENT
In Care Of: PAM RADLOFF
Business Designation: Government Entity
Certification Statement:
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer information AND
2. 1 am not subject to backup withholding because:
(a I am exempt from backup withholding or
(b I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup
withholding as a result of failure to report all interest or dividends, or
(c) the IRS has notified me that I am no longer subject to backup withholding AND
3. 1 am a U.S. citizen or other U.S. person (including U.S. resident alien)
Preparer's Name: PAM RADLOFF
Preparer's Title: FINANCE DIRECTOR
Phone: 305-292-3560
Email: PRADLOFF@MONROE-CLERK.COM
Date Submitted: 10120/2015
Date printed from the State of Florida Substitute Form W-9 Website: 1012312015